The owner, landlord, and/or agent of every single-family, two-family,
and/or multiple dwelling unit offered for rental shall be required
to obtain an inspection of the unit for lead-based paint hazards as
required in this article, or at tenant turnover, whichever is earlier.
If a landlord, owner, and/or agent so chooses, a dwelling unit owner
or landlord may directly hire a licensed lead evaluation contractor
to conduct the periodic lead-based paint inspections for lead-based
paint. Inspections shall be performed as per the timetable set forth
below.
A licensed lead evaluation contractor shall collect samples
by dust wiping surfaces, including floors, interior windowsills, and
other similar surfaces, and tested, in accordance with methods approved
by the State of New Jersey and/or the United States Department of
Housing and Urban Development. A visual assessment may also be undertaken
during the course of the dust wipe sampling.
Whenever any multiple dwelling unit is scheduled for a tenant
turnover, the then-current landlord, owner, and/or agent shall provide
written notice to the Municipal Clerk that an inspection is needed
at least 20 calendar days prior to the scheduled date of the tenant
turnover.
All inspections and reinspections shall take place within 15
calendar days of the requested inspection. Inspection fees shall be
paid prior to the inspection. No inspections or reinspections shall
take place unless all fees are paid. Scheduled inspections or reinspections
may be canceled by the Municipal Clerk, unless the completed application
and required fees have been received by the Town at least 24 hours
prior to the scheduled inspection or on the last working day prior
to the scheduled inspection. Every inspection where the landlord,
tenant, owner, or agent has failed to provide access for inspection
shall be deemed a failed inspection.
If a lead-based paint hazard is identified in an inspection
of one of the dwelling units in a building consisting of two or more
dwelling units, then the lead contractor shall inspect the remainder
of the building's dwelling units, with the exception of those dwelling
units that have been certified to be free of lead-based paint or which
have a valid lead-safe certification.
The licensed lead evaluation contractor shall supply a copy
of the lead-safe certification to the landlord, owner, and/or agent
of the dwelling. A copy shall also be provided to the Municipal Clerk
at the time it is issued. If a lead evaluation contractor or permanent
local agency finds that a lead-based paint hazard exists in a dwelling
unit, they shall notify the New Jersey State Department of Community
Affairs, Division of Local Government Services, for review of the
findings, in accordance with the Lead Hazard Control Assistance Act.
The owner of the dwelling unit shall be responsible for remediation
of the lead-based paint hazard. Remediation must be conducted consistent
with the requirements at N.J.A.C. 5:28A-2.5 and such remediation shall
be documented to the Municipal Clerk.
The landlord, owner, and/or agent of a dwelling that is subject
to this article shall provide to the tenant and to the Town evidence
of a valid lead-safe certification obtained pursuant to this article
at the time of tenant turnover. The owner shall also affix a copy
of any such certification as an exhibit to the tenant's lease.
A. The owner of a multiple dwelling that is subject to this article
shall provide evidence of a valid lead-safe certification obtained
pursuant to this article, as well as evidence of the most recent tenant
turnover, at the time of any cyclical inspection performed pursuant
to the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
B. The owner of a dwelling that is subject to this article shall maintain
a record of the lead-safe certification, which shall include the name
or names of a unit's tenants, if the inspection was conducted during
a period of tenancy.
C. The owner of any dwelling subject to this article shall inform the
Town of all tenant turnover activity to ensure any required inspection
may be scheduled.
D. The owner of a dwelling shall provide a copy of this article, and
any lead-safe certifications issued pursuant thereto, along with the
accompanying guidance document, Lead-Based Paint in Rental Dwellings,
to any prospective owners of the dwelling during a real estate transaction,
settlement, or closing.
Pursuant to N.J.S.A. 52:27D-437.6 and N.J.A.C. 5:28A-4.1, the
Municipal Clerk is authorized to conduct investigations and issue
penalties in order to enforce a multiple dwelling landlord's, owner's,
and/or agent's failure to comply with this article.
A. The owner of the dwelling shall first be given a period of 30 calendar
days to cure any violation by conducting the required inspection or
initiating any required remediation efforts.
B. If the owner of the dwelling has not cured the violation within that
time period, they shall be subject to a penalty, not to exceed $1,000
per week, until the required inspection has been conducted or the
remediation efforts have been initiated.
C. Remediation efforts shall be considered to be initiated when the
dwelling owner has hired a lead abatement contractor or other qualified
party to perform lead-hazard control methods.